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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: Can a felon be granted 50/50 custody if there are concerns about other parent's caregiving?

My husband wants to file for 50/50 custody of his 3-year-old son, but he is concerned about a recent felony conviction for domestic violence in January 2025. There are concerns about the child's well-being when in the mother's care, as she suffers from seizures and has left the child... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 23, 2025

The legal standard is what is in the best interest of the child. The felony is a factor just like the other parent’s issues are. The court has to consider everything together. Try to make a list of all the good parenting factors on your side. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: If there is an injunction with a contact provision of using an app for child communication, am I required to do so?

I reside in Polk county fl, my ex is out of state. Per the order, I have full physical and legal custody, no time sharing. There is no parenting plan past or present. I assume the provision to use the app is there should I need to discuss the children. However, I am unclear on if I am ordered to do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2025

I would interpret the provision as follows:

1) You should download the app. Verify that the app gives notice to the other party that it gives notice to the other party that a message has been sent.

2) Ascertain that your ex has downloaded it as well.

3) If your ex...
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1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: How to reverse a no cohabitation

If the state is saying that as long as I am on probation me and my spouse can not live together because we both caught a domestic violence case how do we go about getting that changed because we share a home and have no where else to reside

Leonard Louis Cagan
Leonard Louis Cagan
answered on Oct 28, 2024

If you are on probation, I am assuming that you have entered a plea to your case and the case is closed. "No Contact" provisions can be entered as a condition of bond, as part of a domestic violence injunction, or as a condition of probation. If you agreed to no contact as part of a... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: About two years ago My soon to be ex wife moved to down south Florida and filed a domestic violence injunction against m

Me and has presently filed violations of that injunction against me that aren't true and I didn't do well they had a hearing down there and said I did commit those violations and now I have two warrants from down south for writ of bodily attachment for the violations. And 2nd off when she... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Sep 30, 2024

You probably need an attorney or two, First off, the writ of bodily attachment is not a criminal matter: it usually indicates some kind of support issue. The writ can be resolved by paying a "purge" amount which bears some relation to the arrearage. You could get a hearing on the amount,... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2024

You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: How likely is it my kids would be taken if this was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Veronica LaVerne Robinson
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answered on May 16, 2024

It is unlikely that your children will be taken away from you simply because you have a condition which requires you to take medication. Many people in society have bouts of anxiety and depression and society, including family court, understands and does not condemn people who are going through... View More

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: Can a domestic violence victim move from miami fl to Orlando fl and take her 2 year old child without the consent of the

Other parent who happens to be the abuser?

Jonathan Blecher
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answered on Feb 21, 2024

If there's a criminal case pending there's likely a "no contact" order in place, which should protect you during the pendency of the case. However, on the civil side, there may be a custody/visitation decree from a court that you should be mindful of and not violate. All this is... View More

1 Answer | Asked in Family Law, Domestic Violence, Juvenile Law and Criminal Law for Florida on
Q: Alcohol resulted in sexual abuse of minor & DCF failed to consider continued alcohol use. What case law is similar?

An injunction was dissolved due to DCF failing to consider relevant information regarding ongoing alcohol use when determining the dissolutions and allowed the dissolution of injunctions in place to protect my son and his brother from their stepdad. The stepdad's history consisted of sexual... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2024

Aside from the criminal issues that you raised, you as a guardian for your children may be able to bring a lawsuit against both the stepdad and any other adult who could have or should have stopped the abuse but did not. Stepdad’s rental or homeowners insurance policy could be a source of... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Florida on
Q: In Florida, is an inmate using a 4th party to contact me (victim w/order of protection in place) violating that order?

They had another inmate contact someone outside of jail & gave them my cell & work phone numbers as well as my address of where I work/live to contact me to pick up their things for them while they were incarcerated. This person didn't know me or the defendant. That 4th party, called... View More

James L. Arrasmith
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answered on Jan 28, 2024

In Florida, if there is an order of protection in place, any attempt by the inmate to contact you, directly or indirectly, could be considered a violation of that order. Using a third party to communicate, especially if it involves harassment or intimidation, is typically seen as an indirect method... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Civil Rights for Florida on
Q: 21 year old male with1domestic violence when I was 16 I had teen court in florida no probation can I purchase a firearm

I had to write a letter and that's it am I still barred from firearm ownership

James L. Arrasmith
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answered on Jan 12, 2024

In Florida, the laws regarding firearm ownership are specific about who can and cannot possess a firearm. Generally, a conviction for domestic violence can disqualify a person from owning a firearm. However, your situation involves a juvenile record and participation in a teen court program, which... View More

1 Answer | Asked in Family Law, Personal Injury and Domestic Violence for Florida on
Q: Is there a way to sue my parents, as well as my mother's second ex husband, for damages from abuse?

I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant.... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 26, 2023

Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a... View More

1 Answer | Asked in Domestic Violence, Personal Injury, Civil Litigation and Criminal Law for Florida on
Q: I was a victim of domestic abuse several times. What is the clause I can sue exwife for it?

I was an international student (19 years old), who married a Puerto Rican woman (24) right after associates degree. I was starting university as a junior when I got married.

My family was happy that I found someone for myself. they all flew in from Canada, Australia & other parts of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2023

Sorry to hear about your ordeal. Your inquiry is vague as to when the abuses occurred. You mention, without relating any facts about timing, the phrase "tolling statute of limitations", which is the stopping of the clock for the time counting towards the limitations period, under... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Landlord - Tenant for Florida on
Q: Potential consequences of leaving FL with a misdemeanor domestic violence charge pending.

I have a misdemeanor charge for first-offense domestic violence in Florida. As a condition for dismissal, I was required to complete 9 months of treatment classes, which I cannot afford ($50 per class), and I've only attended two sessions. I'm also facing eviction, which is prompting me... View More

Michael Rubin
Michael Rubin
answered on Mar 8, 2025

you should have your public defender bring the matter back before the Court in hopes the Judge will unsuccessfully terminate supervision

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: What legal steps can a grandparent in FL take for visitation rights?

I'm a grandparent in Pensacola, FL, and I've been actively involved in my 4-year-old granddaughter's life, caring for her 5 days a week since birth. Recently, she disclosed inappropriate behavior by her step-sister. When I tried to discuss this with her mother, she became upset, and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 6, 2025

Unfortunately, in Florida, grandparent visitation rights are very limited. Try to schedule a free consultation with a local attorney who specializes in dependency. You will need to try and prove the lack of fitness of the current caregiver, in your case the mother.

1 Answer | Asked in Domestic Violence and Criminal Law for Florida on
Q: Can I press charges for domestic violence with evidence in Florida?

I have reported an incident of domestic violence involving my ex-boyfriend to the police. I have pictures, videos, and medical records as evidence. Can I press charges for domestic violence?

Matthew David Landsman
Matthew David Landsman
answered on Feb 28, 2025

Any criminal incident can be reported to the local authorities (sheriff or police) and they will make a report. Once that is done the ultimate filing decision will be made by the state attorney with your input.

2 Answers | Asked in Domestic Violence, Personal Injury and Civil Litigation for Florida on
Q: Can I sue a Jacksonville, FL shelter for lice due to unclean conditions?

I recently stayed at a domestic violence shelter in Jacksonville, FL, which I found to be unclean, with hair on the bed frame. As a result, I contracted lice and need treatment. A month ago, I reported the cleanliness issues after being asked to clean the room I was moved to, and multiple residents... View More

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2025

A Florida attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could speak with local attorneys, but in such settings, it could be argued that the condition could have been from other sources. I'm not defending that you describe to be... View More

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1 Answer | Asked in Child Custody, Divorce and Domestic Violence for Florida on
Q: have.1 domastic violance and I put on him restrain order ,2. my hasband ask for divorce . which lawyer will be best
Pamela J. Fero
Pamela J. Fero
answered on Jan 23, 2025

Speak with a family law attorney in your area.

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Florida on
Q: First of all my soon to be ex wife filed for child support in Santa Rosa county on 2-17-2023 then turned around and file

Filed a domestic violence injunction in Pinellas county on 2-22-2023 ( she don't live in Santa Rosa county neither do I ever. Then on 12-07-2023 filed for divorce in pinellas county, the day after I filed my answer to the divorce she filed violations of the injunction she says happened feb 3 ,... View More

Garrick Neal Fox
Garrick Neal Fox
answered on Oct 2, 2024

Sounds like you have a mess on your hands. You need a very good divorce attorney to sort this out. If there is a warrant for your arrest, that needs to be cleared first.

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Florida on
Q: Bf of 9 years was sole financial supporter. Mnths ago he abruptly ceased paying bills, expenses. We live off MY SSDI.

He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 10, 2024

Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.

If you want him out, and the residence belongs to you, simply evict him.

1 Answer | Asked in Domestic Violence, Elder Law and Identity Theft for Florida on
Q: I need to speak to an attorney about i d theft and financial trafficking of disabled pre senior female adult and abuse
Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A Florida attorney could advise best, but your question remains open for four weeks. If you haven't found an attorney yet, one option could be to supplement your searches with the "Find a Lawyer" tab above, as well as attorney referral tools on the websites of local and state bar... View More

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